Q: When facing a NJ 2C:40-26 is their in good outcomes besides jail espeically for a first time offender?
Can I apply for post relief conviction on my first dui? I have been going back and forth for this 4th degree charge for two years.
A: Avoiding jail is possible just not likely, but you need a good lawyer from the start and lots of luck to make it happen. At this point it may be too late.
A: Depending on the facts you can apply for PCR on the first. But based on State v. Faison that will not help you on the 2C 40-26. If it is a Mark Dennis Issue that might be different. If you have been in court for 2 years you have a lawyer and you should really be talking with them. Generally it is very difficult to get anything but the 6 months prison on this charge. I have had these dismissed at trial. But there was an problem proving the charge for the State.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
